64.1-110 - Hearing application; evidence receivable; further publication. - Virginia Statutes

§ 64.1-110. Hearing application; evidence receivable; further publication.

At the hearing, the court shall hear such legal evidence as may then beoffered for the purpose of ascertaining whether or not the presumption ofdeath is made out. If satisfied that the legal presumption of death is madeout, the court shall so order. If the evidence shows the length of absence ofa presumed decedent to be less than 10 years, the court shall forthwith causenotice of the order to be inserted once a week for two successive weeks in anewspaper published in the county or city and also, when practicable, in anewspaper published at or near the place where the presumed decedent had hisresidence when last heard from. The notice shall require the presumeddecedent, if alive, or any person for him, to produce to the court within twoweeks from the date of its last insertion, satisfactory evidence of hiscontinuance in life. If there is not a newspaper in the county or city inwhich the publication required by this section and § 64.1-108 may be had, thesame may be published in such newspaper having general circulation therein asthe court shall order. The cost of such publication shall be paid by thepetitioner or applicant.

(Code 1950, § 64-106; 1968, c. 656; 1996, cc. 352, 675, 684; 2006, c. 351.)